About: Ilona Bray

Ilona Bray is an attorney who gave up the active practice of law to edit and author books and articles for Nolo. Her working background includes both solo immigration practice and working or volunteering as an immigration attorney with nonprofit organizations in Seattle and California.

Recent Posts by Ilona Bray

Wondering What These ICE “Check-Ins” Are That Are Getting People Deported?

To read the press of late, you might think that every undocumented immigrant in the country regularly checks into an office of Immigration and Customs Enforcement (ICE). The news aspect of this is that such check-ins are increasingly leading to the person’s deportation (removal) from the United States.

Anyone following the news reports has probably seen statements like these:

  • “In cities like New York and Baltimore, fear of ICE check-ins—which once felt customary for non-violent undocumented immigrants—are now causing waves of apprehension.” (The Chicagoist, April 18, 2017.)
  • “. . . numerous faith-based groups, immigration activists . . . and local politicians rallied in support of Ragbir during his “check-in” with ICE . . . What had been fairly routine in past years now seemed ominous. Ragbir, like dozens of others every day, did not know when he entered the Lower Manhattan building if he would see his family again.” (The Villager, March 27, 2017.)
  • “Immigrants—many of whom have lived and worked in the country for decades—have been arrested at home, at work, and at routine check-ins with ICE officials.” (Mother Jones, March 14, 2017.)

All these reports do a good job at conveying the fact that something that was once routine is now a frightening gamble and often a direct pathway to departure from friends, family, and job.

What they don’t convey as well is that the “routine” aspect applies only to a limited number of individuals; in some ways, the cream of the crop. Most of them are people who happened to have been caught up in the immigration system in the past and were specifically and individually deemed low priorities for deportation.

First, a bit of history. Immigration enforcement authorities in this country have rarely if ever received the amount of funding from Congress they’d like. So, they use “prosecutorial discretion” to pick and choose who to try to deport.

Past administrations focused on removing people who had criminal records or presented security risks. Lowest on the priority list were productive members of society who had lived here for a long time with no criminal records and who had family, community, church, employment, and other ties.

Deciding who is and who isn’t a high priority is not a casually made decision. In many cases, an undocumented immigrants who got arrested by ICE had to  supply extensive documentary evidence of their U.S. ties and good character before ICE would agree to stop pressing forward with their case.

If successful, the undocumented person didn’t obtain the same rights as, say, a green card holder. They were put into a sort of limbo status. Efforts to remove them were put on hold, on the condition that they continue to keep up their high standards of behavior and check in with ICE on an annual basis. The threat of removal is and was always there.

So, it’s only minority of undocumented immigrants in the U.S. who are required to check in with ICE. For Americans who advocate the deportation of every last immigrant in the U.S., the natural conclusion is, “Well, arresting them at their check-ins is at least a starting point.”

But immigration advocates point out the absurdity of Trump claiming that his administration would focus on deporting “bad hombres,” then turning around and deporting the people lowest on the enforcement priority list–the people who were already known to the authorities, and being tracked and monitored. For now, anyway. Because, as John Amaya, former deputy chief of staff at ICE under President Obama, told WNYC News, “I don’t think they want to be detaining individuals–bringing them in during the regular check-ins only to detain them and remove them–because then no one’s going to be reporting. . . It would be a huge burden, and I think that’s why we want to make sure people do report and trust law enforcement.”

Undocumented Parents in U.S. Face Reality of Possible Separation

One of the more popular new articles on Nolo’s website is called “Arrest by ICE: How Can I Arrange to Protect My Child in the Event of Deportation?

The reason is obvious: Statements and order by Trump Administration officials express hostility toward the entire U.S. undocumented population, and recent actions by officers of Immigration and Customs Enforcement (ICE) indicate that it has wasted no time in acting upon this new mandate.

By way of background, the Obama administration also deported large numbers of undocumented immigrants–so many that President Obama was dubbed “Deporter-in-Chief” by immigration advocates.

But it also sought to conserve ICE resources by setting clear priorities: Undocumented immigrants with close family and community ties were to be largely left alone, so that ICE’s limited energies could be directed toward people who had committed crimes or were deemed to be security risks.

That set of priorities, and the predictability that came with it, is essentially gone. Thus we hear news reports of, for example:

  • U.S. citizen children watching as their mother, who has lived in the U.S. for 21 years, is taken away in an ICE van.
  • Deportation of another mother of U.S. citizen children, in the face of Mexican government protests that she had no criminal record and the action thus violated U.S. norms for deportation.
  • Deportation of a young man who was under the protection of Deferred Action for Childhood Arrivals (DACA) and detention of another DACA-holding young man.
  • Arrest of a young undocumented woman who spoke out publicly about the raids that picked up her father and brother.

Some have wondered whether the media is highlighting the most dramatic cases and fomenting fear, The Washington Post ran the numbers, however, and found that arrests of noncriminal undocumented persons have doubled under Trump.

Undocumented parents of U.S. citizen children would do well to at least discuss what their emergency plan is and, as the Nolo article explains, “make specific arrangements to ensure their children will be cared for in the event of deportation.”

Put a Marble in Your Pocket Before Attending Open Houses!

Spring open house season is in full swing, with homes freshened up and blooming with as many colors as you’ll see outdoors. In all the excitement, however, there’s a home defect that’s all too easy to overlook–but requires major work to fix.

I’m talking about sloping floors. Just this weekend, I visited a beautiful Arts and Crafts style home from the 1920s, which met most of the marketing copy’s promises of having been “lovingly restored.”

But I got a funny, tipsy feeling while walking toward the corners, and no, I hadn’t had any mimosas with my brunch. The more I looked and walked, the more it became obvious that the floors sloped. Still, I would have loved a way to test how serious the problem was.

That’s where the marble comes in. Set it on the ground and see how fast it rolls in a particular direction. If you really want to plan ahead, bring a level.

A marble that speeds along at high pace is a sign of real trouble: perhaps a subsiding foundation or sagging joists or some other equally expensive-to-fix problem.

At the very least, if you love the home, you’d want to include an inspection contingency with your offer, and make sure the inspector you hire is either qualified to evaluate the situation or can tell you what sort of engineer or other professional has the right qualifications.

Immigrant Insecurity Leading to Loss of Home Sales Around U.S.

With Donald Trump’s executive orders on immigration having slammed the door on many legal entrants, not to mention the daily news stories about overzealous border officials interrogating upright U.S. citizens whose names they don’t like, it was only a matter of time before the real estate market felt the impact.

From Seattle to New York to the San Francisco Bay Area, reports are coming in about immigrants who are ceasing their home search or pulling out of actual purchase contracts.

These aren’t just immigrants from the countries blocked by Trump’s executive order, or ones who’ve been told they can’t live in the United States.

No, these are immigrants from around the world who are, as a Bay Area agent told the San Francisco Business Times, “nervous about spending that much money and maybe not staying here.”

An agent working on the Eastside in the Seattle area (where Microsoft and other tech companies are located) told the Seattle Times. “I understand the fear. I can’t tell someone, ‘Oh, don’t worry, you’ll get your visa renewed.’ Who knows? Things could change.”

(And just for the record, an immigration attorney could not, at this point, give the person any more solid reassurance. Trump has already used executive orders to fashion unprecedented sorts of change.)

Some agents say their clients worry that their country will be next on the list for an outright ban.

Will the U.S. real estate market feel the loss of these foreign buyers? Time will tell, but given that non-citizens typically invest around $100 billion per year in U.S. homes, according to Barron’s, this isn’t exactly small change.

And whether you’re a home seller or a home buyer from another country who’s worried about the long term, you might want to read about some of the legal issues involved in a canceled closing in Earnest Money: What Happens When Your Home Purchase Falls Through.

Mass Roundup of Undocumented Immigrants Comparable to Shooting Fish in a Barrel

Remember the old “shooting fish in a barrel” simile, connoting “ridiculously easy” according to the dictionary?

It apparently dates from the 1940s, presenting the idea that while free-swimming fish have a fair shot at survival, ones that you’ve captured in a barrel are, to mix metaphors, sitting ducks. None other than Mythbusters found that “you don’t even have to be a good shot to take out a barrel of fish with a single bullet.”

The phrase also carries a suggestion that, in a country that adulates sportsmanship and a fair fight, shooting fish in a barrel demonstrates neither.

Which brings me to current U.S. immigration enforcement actions.

Per the terms of Trump’s “Presidential Executive Order: Enhancing Public Safety in the Interior of the United States,” pretty much everyone has become a top priority for removal from the United States. (In the past, criminals were the top priority, but the order redefined “crime” to include everything from crossing the border without papers to using a false Social Security Number in order to work to having been deemed, in the jaded eyes of U.S. immigration officials, a risk to public safety.)

We’re already seeing raids in workplaces, homes, and churches; denial of individual benefits that were previously granted; and reports that the National Guard will be deployed to round up undocumented immigrants.

So here’s the thing: rounding up undocumented immigrants is pathetically easy. Any number of U.S. government agencies have information on where they live. In many cases they pay taxes using a substitute number called an “ITIN” (a dead giveaway that they don’t have a real Social Security Number), have been named by their family members on immigration petitions starting the green card process for them (which petitions require an address but don’t give them any short-term rights to be in the U.S.), have obtained special drivers’ licenses in the handful of states that allow these to undocumented persons, and have been granted either DACA status or prosecutorial discretion.

That last one, prosecutorial discretion, is especially important to understand in the current climate. It’s at the knife edge of the difference between President Obama’s immigration policy and that of Trump.

The Obama policy (set forth in a November 2014 memo) addressed the reality that deporting everyone in the U.S. would not only overload the system, but separate families (particularly ones that include U.S. citizen spouses or children). People who were low on the priority list could not only ask that their removal proceedings be suspended, but receive a sort of quasi-status under which they regularly reported to immigration officials and might be granted a work permit.

Now, however, that regular check-in has become the ultimate fish-in-a-barrel way to deport someone. The case of Guadalupe “Lupita” García de Rayos seems to be the first in which someone showed up for the regular meeting and was deported. Other recipients of prosecutorial discretion are already in fear, such as Jeanette Vizguerra, an immigrant mother of four who has reportedly taken refuge in a Denver church.

So what’s next? The Trump executive order hasn’t answered the question of how a system that was truly overloaded already (with years-long backlogs in U.S. immigration court, the next stop for many persons affected by this order) is going to deal with this new influx of arrested or detained persons.

Recent Comments by Ilona Bray

    No comments by Ilona Bray yet.